In Schoenfeld v. Ochsenhaut (114 Misc 2d 585, 452 N.Y.S.2d 173 [Civ Ct, Kings County 1982, Saxe, J.]) the plaintiffs contracted to pay the funeral expenses of an elderly neighbor who apparently left no surviving relatives. After the funeral, the decedent's brother surfaced and allegedly promised the plaintiffs that he would pay the funeral costs, which had not yet been paid. The brother never followed through on that promise, and he was later sued by plaintiffs. Relying on the statute of frauds, the court ruled that, even if the brother had promised to pay the funeral bill, the promise was unenforceable because it was not reduced to writing.